17Defence—aquarium fish

17 Defence—aquarium fish

17 Defence—aquarium fish

For the purposes of section 21 (1) (d) of the Act, it is a defence to a prosecution for an offence under section 19 (3) of the Act (relating to the possession of protected fish) if the person charged satisfies the court that—

(a) the fish are of the family Pegasidae, Solenostomidae or Syngnathidae, commonly known as seamoths, ghostpipefish, pipefish, pipehorses, seadragons and seahorses, and

(b) the fish are being kept in an aquarium for exhibition or are in the person’s possession for the purposes of sale in the aquarium industry, and

(c) the fish were lawfully cultivated in or lawfully taken from waters to which this Act does not apply.